Mikdad vs State Of Kerala And Ors

This petition under Section 482 of the Code of Criminal Procedure is filed by the sole accused in C.C. No. 368 of 2020 pending before the Judicial

First Class Magistrate Court, Nilambur arising from Crime No. 304 of 2020 of Vazhikadavu Police Station registered for the offences punishable

under Sections 498A, 406 and 506 of Indian Penal Code.

It is submitted by the learned counsel for the petitioner that due to the intervention of the close relatives of both the families, the parties have settled

their entire disputes among themselves and as such there is no subsisting dispute between them. Therefore, this petition is filed to quash all further

proceedings in Crime No. 304 of 2020 of Vazhikadavu Police Station.

Learned counsel appearing for the 2nd respondent/defacto complainant has submitted that she has no objection in allowing the petition. Annexure

A3 is the affidavit sworn to by her in support of the submission of the petitioner. The affidavit further indicates that she has no intention to pursue the

matter further and the parties have resolved their entire dispute.

The learned Public Prosecutor has reported that the prosecution has no serious objection in allowing the petition. It is also submitted that as the

dispute has been amicably settled, the possibility of conviction is remote and bleak and therefore, no useful purpose would be served in proceeding

with the case.

On hearing the submissions of all concerned, on perusal of the records as well on consideration of the special facts and circumstances involved in

this case, I find that no fruitful purpose is likely to be served by proceeding with the matter against this petitioner. Moreover, no public interest is

involved in the case and there is no legal impediment in granting the prayer as sought for by the petitioner. Therefore, for the purpose of securing the

ends of justice, this Crl.M.C. is only to be allowed.

For the foregoing reasons, Annexure A2 final report and all further proceedings in Crime No. 304 of 2020 now pending as C.C. No. 368 of 2020 on

the file of the Judicial First Class Magistrate Court, Nilambur will stand quashed as prayed for exercising the inherent powers of High Court under

Section 482 of the Code of Criminal Procedure.